Penalty For Special Offences in Respect of Children

CHAPTER IX
PENALTY FOR SPECIAL OFFENCES IN RESPECT OF CHILDREN
70. Penalty for cruelty to a child

If any person assaults, ill-treats, neglects or forsakes any child under his custody, charge or care, or
leaves him unprotected, uses him for personal service, or exposes him in an indecent way, and if such
assault, ill-treatment, negligence, forsaking, abandonment, use in personal service or exposure causes
unnecessary sufferings to the child or creates such an injury to his health that leads to loss of his
eyesight or hearing or causes injury to any limb or organ of his body and causes any mental
derangement, the person shall be deemed to have committed an offence under this Act and shall, for
such offence, be punished with imprisonment for a term which may extend to 5 (five)
years, or with fine which may extend to Taka 1 (one) lac, or with both.
71. Penalty for employing a child in begging

If any person employs any child for the purpose of begging or causes any child to beg, or if any person
having the custody, supervision or care of a child indulges or encourages his employment for the
purpose of begging, or gives him away for begging, the person shall be deemed to have committed an
offence under this Act and shall, for such offence, be punished with imprisonment for a term which may
extend to 5 (five) years, or with fine which may extend to Taka 1 (one) lac, or with both.
72. Penalty for being drunk while in charge of a child

If any person is found drunk in any public place while having the charge of a child, and for this reason if
such person is incapable of taking due care of the child, the person shall be deemed to have committed
an offence under this Act and shall, for such offence, be punished with imprisonment for a term which
may extend to 1 (one) year or with fine which may extend to Taka 50 (fifty) thousand, or with both.
73. Penalty for giving intoxicating drug or dangerous drug to a child
If any person, due to illness or any other urgent cause, gives or causes to be given intoxicating drug or
dangerous drug to a child without advice of a duly qualified medical practitioner, the person shall be
deemed to have committed an offence under this Act and shall, for such offence, be punished with
imprisonment for a term which may extend to 3 (three) years or with fine which may extend to Taka 1
(one) lac, or with both.
74. Penalty for permitting a child to enter places where intoxicant or
dangerous drugs are sold
If any person takes a child to any place where intoxicant or dangerous drugs are sold, or the proprietor,
owner or any person in charge of such place permits a child to enter such place, or if any person causes
a child to go to such place, the person shall be punished with imprisonment for a term which may
extend to 3 (three) years, or with fine which may extend to Taka 1 (one) lac, or with both.
75. Penalty for inciting a child to bet or borrow

If any person orally or in writing or by any sign or otherwise incites or attempts to incite a child to make
any bet or wager or to enter into or take any share in any betting or wagering transaction, or by such
means incites a child to borrow money or to enter into any transaction of borrowing money, the person
shall be punished with imprisonment for a term which may extend to 2 (two) years, or with fine which
may extend to Taka 50 (fifty) thousand, or with both.
76. Penalty for taking on pledge or purchasing articles from a child

If any person takes any article on pledge from a child, whether offered by the child on his own behalf or
on behalf of any person, the person shall be deemed to have committed an offence under this Act and,
for such offence, shall be punished with imprisonment for a term which may extend to 1 (one) year, or
with fine which may extend to Taka 25 (twenty five) thousand, or with both.
77. Penalty for allowing a child to be in brothel

(1) No child over the age of 4 (four) years shall be allowed or permitted to reside in or to go to a
brothel:
Provided that after completion of 4 (four) years of age, the concerned authority shall, upon considering
the child a disadvantaged child, send him to the Department or its nearest office to take necessary
measures under section 84 or 85, as the case may be.
(2) If any person contravenes the provision of sub-section (1), the person shall be deemed to have
committed an offence under this Act and shall, for such offence, be punished with imprisonment for a
term which may extend to 2 (two) years, or with fine which may extend to Taka 50 (fifty) thousand, or
with both.
78. Penalty for leading or encouraging a child to seduction

(1) If any person having the actual charge or supervision of a child leads the child to seduction, or
induces the child to prostitution or encourages for doing so, or causes or encourages any person other
than her husband to have sexual intercourse with her, the person shall be deemed to have committed
an offence under this Act and shall, for such offence, be punished with imprisonment for a
term which may extend to 5 (five) years, or with fine which may extend to Taka 1 (one) lac, or with both.
(2) On the basis of a complaint made by any person, if it appears to the court that any child with or
beyond the knowledge of his parents or, in the absence of both of them, the caregiver or the authority
in supervision or legal or lawful guardian or, as the case may be, members of the extended family is
being led to seduction, or exposed to the risk of engaging in prostitution, then the court may direct the
concerned parents, the caregiver or the authority in supervision or legal or lawful guardian or, as the
case may be, members of the extended family to execute a bond for the purpose of taking due care and
keeping supervision of such child.
[Explanation.For the purposes of this section, the person who knowingly allows any child to live with, or
to enter into or continue in, the employment of any prostitute or of a person known to be immoral
character shall be deemed to have led or encouraged the seduction or prostitution of a
child.]
79. Penalty for carrying fire arms or illegal and banned stuff and
committing terrorist activity by using a child
(1) If any person uses any child to carry or transport fire arms or illegal and banned stuff, the person
involved shall be deemed to have committed an offence under this Act and shall, for such offence, be
punished with imprisonment for a term which may extend to 3 (three) years, or with fine which may
extend to Taka 1 (one) lac, or with both.
(2) Any person, whether he has actual charge or supervision of a child or not, engages or uses any child
in any terrorist activity mentioned in section 6 of the Anti-terrorism Act, 2009 (Act No. XVI of 2009), the
person shall be deemed to have committed such terrorist activity by himself and shall, for such offence,
be punished with the penalties provided for the offence in the section.
80. Penalty for exploitation of a child

(1) If any person entrusted with the custody or care of, or with the duty of rearing, a child by the
Children’s Court, or any other person secures a child ostensibly to employ as a servant or to employ the
child in a factory or in other establishments in accordance with the provisions of the Labour Act, 2006,
but in fact exploits the child for his own interest, or keeps him detained or enjoys his earnings, such acts
shall be deemed to be an offence under this Act and, for such offence, the person involved shall be
punished with imprisonment for a term which may extend to 2 (two) years, or with fine which may
extend to Taka 50 (fifty) thousand, or with both.
(2) If any person entrusted with the custody or care of, or with the duty of rearing, a child by the
Children’s Court, or any other person secures a child ostensibly to employ as a servant or to employ in a
factory or in other establishments in accordance with the provisions of the Labour Act, 2006, but in
fact leads the child to seduction or exposes the child to the risk of engaging in prostitution or immoral
activities, such acts shall be deemed to be an offence under this Act and, for such offence, the person
involved shall be punished with imprisonment for a term which may extend to 5 (five) years, or with fine
which may extend to Taka 1 (one) lac, or with both.
(3) If any person avails himself of result of the labour of a child exploited or employed in the manner
referred to in sub-section (1) or (2), or uses such child for his immoral gratification, the person shall be
liable to be an abettor of the relevant offence.
81. Penalty for publishing secret information by news media

(1) No report, photo or information relating to any case under trial or judicial proceedings under this Act
shall be published in print or electronic media or on the internet which is against the interest of the child
and by which the child may be identified directly or indirectly.
(2) If any person contravenes the provision of sub-section (1), the person shall be deemed to have
committed an offence under this Act and shall, for such offence, be punished with imprisonment for a
term which may extend to 1 (one) year, or with fine which may extend to Taka 50 (fifty) thousand, or
with both.
(3) If any company, association, organization or institution contravenes the provision of sub-section (1),
the concerned company, association, organization or institution may be subject to a fine which may
extend to Taka 2 (two) lac including suspension of its registration for not more than 2 (two) months.
82. Penalty for abetting escape of a child

If any person knowingly, directly or indirectly, (a) assists or induces a child to escape from any certified
institute or Safe Home or from the supervision of the person responsible for Diversion; or
(b) after such escaping shelters, hides or creates obstruction or assists to create obstruction for
returning the child to that place or the person, the person shall be deemed to have committed an
offence under this Act and shall, for such offence, be punished with imprisonment for a term which may
extend to 1 (one) year, or with fine which may extend to Taka 50 (fifty) thousand, or with both.
83. Penalty for giving false information

If any person discloses any information relating to any child in the proceedings of any case under this Act
in any court which is false, vexatious or frivolous in nature, the court, subject to necessary investigation,
may, for reasons to be recorded in writing, direct the person giving the concerned information to pay
compensation of any amount of money exceeding Taka 25 (twenty five) thousand in favour of the
person against whom that information has been given, and may, for the default to pay the
compensation, be punished with a simple imprisonment for a term which may extend to 6 (six) months:
Provided that before giving the order to pay compensation, a notice shall be given to the informant to
show cause as to why he should not be ordered to the compensation, and if any cause is shown by the
informant, it shall be taken into consideration.

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CHAPTER IX

PENALTY FOR SPECIAL OFFENCES IN RESPECT OF CHILDREN

70. Penalty for cruelty to a child

71. Penalty for employing a child in begging

72. Penalty for being drunk while in charge of a child

73. Penalty for giving intoxicating drug or dangerous drug to a child

75. Penalty for inciting a child to bet or borrow

76. Penalty for taking on pledge or purchasing articles from a child

77. Penalty for allowing a child to be in brothel

78. Penalty for leading or encouraging a child to seduction

80. Penalty for exploitation of a child

81. Penalty for publishing secret information by news media

82. Penalty for abetting escape of a child

83. Penalty for giving false information

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